Employment Law: Gail Escolme's blog from the Westmorland Gazette

Gail Escolme joined HWK in 2004 as a specialist Employment lawyer. Gail’s detailed knowledge across a range of employment matters, acting for both employers and employees has recently been acknowledged in the Legal 500, the comprehensive resource for legal professionals. Gail is only too aware of the minefield that Employment Law has become and aims to build relationships with her clients, working together on a day to day basis in dealing with the employment aspects of their business, thinking practically and commercially to deliver solutions. Gail's blog will keep us up-to-date on current issues in employment law...

AGENCY WORKERS - WHAT'S THE POINT?

An agreement announced yesterday by the Government will remove much of the flexibility gained by using agency workers from British business.

How NOT to treat a pregnant employee in one easy step

The Cost of Sponsorship

The Border and Immigration Agency have now issued details of the application process for employers wishing to apply for a license to employ foreign workers under the new points based system, which replaces the existing work permit system.

Minimum wage to increase

The minimum wage will rise from 1 October 2008 as follows:-

Porn - It is a sackable you know!

Yet again hospital workers have been caught sending obscene e-mails to each other and so far 13 have been sacked, 28 have been disciplined and 10 are still to be dealt with.

Workplace Bullying still Rife

The Samaritans have released a survey showing that one in four people have suffered workplace bullying.

New Year - New Broom?

Christmas Cheer - hopefully!!!

Whilst it is barely believable that we are facing Christmas again already, the usual problems are likely to crop up around the Christmas period, namely too much alcohol and festive related unauthorised absence.

Sick of Sickness

LANDMARK AGE CLAIM

Twenty year old Megan Thomas has won a claim of unfair dismissal on the grounds of her age.

Another Scare Story

A London park worker with learning difficulties has been awarded £550,000 in compensation for disability discrimination. It was found he was unfairly dismissed by his employer when it was found that they discriminated against him in the way they selected personnel for redundancy.

WHAT’S THE POLICY ON POLICIES?

Lawyers have always advised employers that if they did not want their employees to rely on a provision they should make it a policy rather than a contractual right.

Common Sense Required

Have you heard the one about the 72 year old who was refused the sale of 2 bottles of wine because he would not confirm he was over 21?

E-mail Scam

E-mails are circulating purportedly from the tax man (HMRC) asking for financial information.

It's a Lottery!

We must have all dreamed of a big win on the lottery and postal worker, Angela Kelly certainly had a BIG win - £35 million.

You're fired!

I can only think that too many people have been watching Alan Sugar at work.

Bye Bye DTI

The DTI is no more - it has gone!

GOT IT COVERED?

Most employers and employees are unaware that if an employee wanted to bring a claim against their employer in the Employment Tribunal, the employee may have legal expenses cover on their homes contents insurance to cover the cost of the claim.

Moody Mondays and Tuesdays and...

We have all worked with at least one moody person. We may have been one ourselves!!!

Holidays...holidays

Having just returned from my holiday I thought it was a good time to deal with a couple of holiday pointers as follows:-

Are you astute when it comes to your staff?

Reading about the launch of Astute at Barrow last week made me realise that we still have much to be proud of in the country, not least our workers.

DON’T BANK ON PAY FOR BANK HOLIDAYS

Recent case law has confirmed that an employer who does not pay any employee who does not work on a bank holiday, regardless of whether they are full time or part time, is not treating the part time worker less favourably.

Tony Blair going...but when?

Tony Blair going - but when?

Employers advised to call police to enforce smoking ban

Incredibly this is the advice on the official Smokefree England website should any employee who is told to stub out their cigarette following the ban on 1 July become violent.

If it’s good enough for Ronaldo……

Ronaldo was rewarded not once but twice last night for his achievements on the football pitch.

Statutory Dispute Procedures – Goodbye? Good Riddance!

The Government has commissioned an independent review of the statutory dispute resolution procedures, (disciplinary and grievance procedures to you and me). Surprise surprise – the recommendation from Michael Gibbons, who undertook the review, is for the “complete repeal of the statutory dispute procedures set out in the 2004 Dispute Resolution Regulations”.

Good Employers – you can’t have enough of them!

Congratulations to Impact Development Training Group for their employment award.

Minimum wage to rise

The National Minimum Wage (NMW) is set to rise from 1 October 2007 as follows:-

TUPE – What the heck does it mean?

I have talked to several people recently who have bought businesses where a TUPE transfer applies. Unfortunately these people have not taken legal advice before signing on the dotted line and have now inherited the staff with all their rights and liabilities intact. TUPE.

Kiss and Dismiss

Given the amount of time the average person spends at work, it is inevitable that relationships will form between colleagues. Whilst on the face of it there seems nothing wrong with this, in reality it can turn the whole office upside down if and when that relationship flounders. Furthermore it is likely that the working relationship between those people involved will become strained if not impossible.